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Posted in Litigation, New York Law
On November 7-8, 2013, the Office of Court Administration posted three informative decisions by Justice Joan B. Lefkowitz, (Supreme Court, Westchester County) that addressed discovery disputes relating to non-party witnesses:
Giacinto involved an action by Benito Giacinto, as Administrator of the estate of Lucia Giacinto, to recover damages for medical malpractice and wrongful death of his wife, Lucia. The case involved an “application by defendants Michael Morelli, M.D. and Lawrence Hospital Center…for an order, pursuant to CPLR § 2308(b) compelling non-party witness Giovanna Sinno…to comply with the duly served subpoena and appear for her deposition or upon continued failure to appear for her deposition for a penalty as specified in CPLR § 2308(b).” Id at 1
The essence of the claim was “that defendants misdiagnosed the decedent’s medical condition and negligently prescribed a toxic combination of drugs resulting in toxicity, lactic acidosis and her death.” Id at 1-2
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